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Appellant McCowen Brief - Mass Cases

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on Cape Cod, providing reliable tips on the local drug<br />

world. On January 8, 2002, <strong>McCowen</strong>, not a suapect, told<br />

police about drug distribution efforts by Jeremy<br />

Frazier. Three months later, police approached McCOwen<br />

to discuss the murder because Worthington's residence<br />

was on his trash collection route. He met with them<br />

willingly, saying he'd never spoken with Worthington and<br />

that their only interaction was an occasional wave. He<br />

offered his DNA, but police did not swab <strong>McCowen</strong> or<br />

speak to him again for nearly two years. UcCowen<br />

remained on Cape Cod without incident. Tr. 1530-36.<br />

On March 18, 2004, <strong>McCowen</strong> was summoned to<br />

Barnstable District Court on an unrelated matter by his<br />

probation officer, who urged <strong>McCowen</strong> to provide a DNA<br />

sample to State Police Detectives Christopher MaSon and<br />

Sergeant William Burke, who suddenly materialized to<br />

collect the sample. Tr. 1542-45. Still <strong>McCowen</strong> again<br />

remained on the Cape, making no attempt to flee. Tr.<br />

1534-36. On April 13, 2005, Mason learned MCCOwen'S DNA<br />

matched that found on one of Worthington's breasts and<br />

immediately sought an arrest warrant. Tx. 1557. On April<br />

14, 2005, <strong>McCowen</strong> had taken time off from work because<br />

of a leg injury and had spent the day killing pain with<br />

Percocets and marijuana. Tr. 1898,1900,1903-05. His<br />

girlfriend had earlier taken him aut to make sure he ate<br />

-5-

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